Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.
Under the latest changes, parties at a mediation information and assessment meeting must be provided with information about the principles, process and different models of mediation, and other methods of non-court dispute resolution. The associated practice direction lists mediation, arbitration, evaluation by a neutral third party and collaborative law as examples of non-court dispute resolution.
The rules do not give courts the power to compel parties to attend non-court dispute resolution. However, courts will have a duty to consider at every stage in the proceedings whether non-court dispute resolution is appropriate. Parties could be asked to file a form setting out their views on using non-court dispute resolution as a means of resolving matters. Judges could take parties’ conduct in relation to attending non-court dispute resolution into account when considering whether to make a costs order.
Family lawyers welcomed the changes. Read the full article below.
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